The Fulbrook Advantage
The Fulbrook Advantage rests on a number of propositions including this economic proposition: retaining Fulbrook to access Dispute Finance allows the claimant to have a significantly better opportunity of achieving the capital support it needs, and with a higher economic return, than if it used a conventional financing provider.
There are numerous reasons why Fulbrook provides this advantage, including:
1. It has significant experience, understanding, capacity (through an internal and external team of experts), and reputation, in the industry of financing meritorious commercial claims.
2. It has a network of potential investors which it works with and has confidence in, as well as a substantial number of other potential investors that it can reach if useful, to look to in accessing capital.
3. In the process of its work, it can bring superior ability and commitment to essential matters which benefit the claimant and its representatives, including: evaluation of the claim; improving its opportunity for success and at a higher amount, with a quicker time to achieve the resolution of the claim and distribution of any recovery; preparing a presentation for a potential investor that is more efficient and effective; negotiating on behalf of the claimant and its lawyers, alongside the claimant and its lawyers, to secure a financing that has good terms for the claimant; and assisting after providing financing to prosecute the claims to resolution and recovery through settlement, hearing or trial.
4. Being able in this process to access potential investors with billions of dollars of capital interested in supporting meritorious claims.
5. Given the complexities of the industry and difficulties in understanding and analyzing it, and given Fulbrook’s experience and capacity, assisting the law firm in particular in discharging its obligations to its client and avoiding substantial risks it otherwise might face in the project.
6. Fulbrook has a proprietary model for claims valuation that it uses to project investor returns. It combines legal expertise with banking methodologies to assign more exacting probabilities to future cash flows, also performing sensitivity- and decision-tree analyses to help translate legal uncertainties into very accurate financial calculations. Fulbrook is better at picking claims and, therefore, at attracting investors.
To a strictly limited extent, Fulbrook will assist in accessing a secured loan for a commercial claim, or combining capital sourcing investment capital with a secured loan.
Fulbrook specializes in certain areas, emphasizing patent claims, insolvency and other financial distress claims, international arbitration claims, and certain other claims that it concludes present an exceptional opportunity (including antitrust, securities fraud, and complex breach of contract claims). This specialization means that a claimant outside of these areas is better advised to seek another expert to assist it, which Fulbrook is prepared to help find as a courtesy, and that Fulbrook declines to take on as part of its projects.
At all times, the decision-making and control of the claim and its pursuit (including whether or not to settle and at what amount), remain with the claimant (and its advisors).
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